Real Estate Malpractice

Over the last 20 plus years, Mark has represented both Plaintiffs suing real estate professionals, and Defendant real estate professionals defending against suits brought by house purchasers who had "issues" with their Realtor or Broker in connection with their purchase of both new and previously occupied houses. There is an extensive body of statutory and case law in Illinois that governs and controls the legal relations among house purchasers, Realtors, and Brokers. The Illinois Real Estate License Act of 2000 is the starting point for the analysis of the rights, duties, and obligations of the parties to any real estate transaction. The Illinois Consumer Fraud and Deceptive Practices Act also provides consumer protection for house/condo purchasers. The Illinois common law also provides viable causes of action and still some defenses. Mark has successfully defended home owners, Realtors, Brokers sued under both of these statutes as well as the common law.

Mark P. Standa has also successfully prosecuted a lawsuit against a Realtor and her Broker in connection with his clients' purchase of a supposedly "brand new" house which (unbeknownst to Plaintiffs and not disclosed by the seller or the seller's Realtor), sustained basement flooding twice while the house was being shown and marketed for sale at open houses and otherwise. After the damaged basement flooded twice more within the first 6 months after Plaintiffs purchased it and moved in, they hired Mark to investigate. Eventually, he filed suit against the Architect, builder, developer, civil engineer as well as the Realtor and her Broker. Before trial all of the Defendants paid settlement except the Realtor and her Broker. These Defendants argued that they did not owe the purchasers any duty to disclose their actual knowledge of the prior basement flood water damage. The trial judge, in this bench trial, rejected the Defendants' arguments, and the trial resulted in a verdict on all counts against the Realtor and Broker, who were found guilty of violating both the Real Estate License Act and the Consumer Fraud Act. Eventually during the course of the defendants' appeal, the case was settled for a confidential amount greater than the judgements the trial judge entered.

Hence, if you encounter any issues in connection with the sale or purchase of real estate, attorney Standa can provide you with sound legal advice no matter which side of the transaction you are on. Mr. Standa is also available to counsel Realtors and Brokers as needed, both to avoid problems and deal with problems already apparent.